The Santa Cruz Sleeping Ban is a local law that defines sleeping at night as “camping” and prescribes a $97 fine for falling asleep outside a house or hotel within City limits. Using one’s vehicle as housing is illegal. With only 160 beds in the Winter, for the city’s 1500-2000 homeless residents, the law in effect makes it a crime to be homeless. We intend to end this law so dignified solutions can be implemented.

Friday, January 11, 2008

Legalize SleepCivil rights attorney David Beauvais down in Santa Cruz rounding up plaintiffs for a lawsuit against the City and city police, talks about Santa Cruz's harsh and unique "Sleeping Ban" law. MC 6.36.010 makes the act of falling asleep on all public property and much private property a $97 crime for 1300-1500 shelterless people each night.

If you have a ticket under the following codes, you may be able to enjoin in a lawsuit against the City to end the Sleeping Ban.We ask for the right to sleep NOT anywhere and everywhere , but somewhere.

The Camping Ban (MC 6.36.010a) activists aptly named the Sleeping Ban makes it illegal for the simple act of sleeping -- at night. The name must fit as now even our mayor is using the term. (Watch the Sleeping Ban Debate)

In Santa Cruz, the most flagrant and demoralizing example of the criminalization of poverty is this ordinance, known as the "Camping Ban," MC 6.36.010. Section (a) prohibits the act of sleeping between 11 p.m. and 8:30 a.m. anywhere outdoors or in a vehicle on both public and private property within the city limits. Activists call this the "Sleeping Ban." We are dedicated to ending this ban and finding real solutions, such as "Safe Sleeping Zones" for vehicles and campers. This is cheaper, easier to police and is a way of dealing with the issue in a legal dignified manor.

Organizations are banding together and the plaintiff list is growing. As you can see by the date of the post, the blog is just starting but will be a focal point for information, status, and ways you can help. Sleep is a human right and a basic necessity. Please help us in restoring that right.

For more information on this draconian law see the following articles on Indybay.org

Clip Cast

The Cost of War

Our Objective

For three decades Santa Cruz authorities have used The Nighttime Sleeping Banto selectively harass and drive away homeless people. The ordinanceMC 6.36.010a is a law against sleeping on any public property, or in a vehicle and most private property between the hours of 11PM to 8:30 AM. In a town with emergency walk-in shelter for less than 60-160 people and an estimated homeless population of 1500-2000, this law is unconscionable, unconstitutional and immoral. The Blanket Ban makes it illegal to cover up with blankets or bedding outside during the same nighttime hours.

After the Jones decision of the 9th Circuit Court of Appeals and the subsequent Jones Settlement, nighttime camping bans in Los Angeles, Fresno, Richmond and San Diego were eliminated. Activists in Santa Cruz took heart and began preparing for a legal challenge here.

We hope to challenge not only the Santa Cruz's infamous Sleeping Ban , criminalizing the very act of sleeping at night, but also any and all police practices that abusively and selectively target homeless people for necessary survival behavior such as sleeping. Given the city-acknowledged shelter emergency, the city has done little to resolve in spite of its "progressive" pretensions.

Attorneys from Berkeley, Santa Cruz, and Washington, D.C. are putting together the pleadings. Attor­neys from San Francisco, Los Angeles, San Diego and Sacramento are helping.

The City Attorney and Mayor Ryan Coonertyhas resisted any and all efforts to reform the Sleeping Ban so that it conforms with the 9th Circuit decision. We are fund-raising and gathering plaintiffs to take the course directly to federal courtand expect to have an action filed in February.

Howard Zinn Speaks out on the Sleeping Ban

"I think we should interruptthe sleep of people who passsuch laws."*Howard Zinn 10/25/97*

Speaking in response to theSanta Cruz Sleeping Banat an event sponsored by theResource Center for Nonviolence._______________________________________________________Santa Cruz Mayor Ryan CoonertyReaffirms Sleeping BanIn November 2007, Coonertyreaffirmed his support for theSanta Cruz outdoor nighttimesleeping ban in spite ofa California Supreme Courtdecision declaring similar localCalifornia laws unconstitutional.[2][3]This law was challenged mostvisibly by a homeless camp outon the lawns of City Hall inAugust 2007.Then Vice-Mayor Coonerty refused tomeet with homeless advocates._______________________________________________________The death of Robert WagnerA Lonely Death on the Doorstep of City Hall______________________________________________________